Summary Offences (General) Variation Regulations 2005 (SA)

South Australia

Summary Offences (General) Variation Regulations 2005

under the Summary Offences Act 1953

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Summary Offences (General) Regulations 2001

1. Insertion of Part

   Part 2—Impounding and forfeiture of motor vehicles (Part 14A)

   5Prescribed circumstances (section 66B, 66D and 66E)

   5AFees payable under Part 14A

   5BPrescribed form of notice (section 66E)

   5CSale or disposal of motor vehicles (section 66I)

   5DService of notices (section 66K)

2. Insertion of Schedules A1 and B1

   Schedule A1—Fees payable under Part 14A

   Schedule B1—Notice prohibiting sale or disposal of motor vehicle

Part 1—Preliminary

1—Short title

These regulations may be cited as the Summary Offences (General) Variation Regulations 2005.

2—Commencement

These regulations will come into operation on 2 May 2005.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Summary Offences (General) Regulations 2001

4—Insertion of Part

After Part 1 insert:

Part 2—Impounding and forfeiture of motor vehicles (Part 14A)

5—Prescribed circumstances (section 66B, 66D and 66E)

The following circumstances in which a motor vehicle is used by a person are prescribed for the purposes of section 66B(6)(b), 66D(1)(c) and 66E(1)(a)(ii) of the Act:

(a)the motor vehicle is being used by the person (not being the owner of the motor vehicle) in accordance with a contractual arrangement with the owner of the motor vehicle, other than a contractual arrangement that confers on the person an express or implied right or option to purchase the motor vehicle; and

(b)the owner of the motor vehicle is a person who carries on a business that consists of, or involves, hiring or otherwise supplying motor vehicles to others for business or personal use.

Examples—

A person visiting South Australian on holiday hires a car from a car hire company to use while in the State. While that person is driving the car in accordance with the hire contract, the car is being used in circumstances prescribed by this regulation.

A taxi driver drives a taxi that is owned, not by the driver, but by the taxi company for whom the driver works. While the taxi driver is using the taxi in accordance with his or her employment contract, the taxi is being used in circumstances prescribed by this regulation.

5A—Fees payable under Part 14A

The fees set out in Schedule A1 are prescribed for the purposes set out in that Schedule.

5B—Prescribed form of notice (section 66E)

A notice prohibiting the sale or disposal of a motor vehicle served under section 66E(1) of the Act must be in the form set out in Schedule B1.

5C—Sale or disposal of motor vehicles (section 66I)

For the purpose of exercising a power to sell a motor vehicle under section 66I of the Act, the Sheriff or the Commissioner may—

(a)set a reserve price for the motor vehicle; and

(b)move the motor vehicle to another location within the State.

5D—Service of notices (section 66K)

A notice required or authorised to be given to, or served on, a person for the purposes of Part 14A of the Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be given to or served on the person in accordance with that Act.

5—Insertion of Schedules A1 and B1

After regulation 17 insert:

Schedule A1—Fees payable under Part 14A

Fees payable to Commissioner in relation to impounding of a motor vehicle (section 66C)	Fee
Administration fee	$20.00
Fee for transportation of vehicle to storage facility	$125.00
Vehicle storage fee	$30.00 for first 48 hours plus $15.00 for each additional day (or part of a day) for which the vehicle remained uncollected

Fees payable to Sheriff in relation to impounding or forfeiture of motor vehicle (section 66D(2)(b))	Fee
Seizure fee	$58.00
Fee for transportation of vehicle to storage facility	$180.00
Vehicle storage fee	$15 per day

Schedule B1—Notice prohibiting sale or disposal of motor vehicle

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 28 April 2005

No 31 of 2005

AGO 0171/04 CS